Personal Injury Questions
1Do I Have a Legal Claim?
Whether there is a legal claim will be contingent on who is liable. This determination will be based on the facts of the case. For example, the accident report will help in the fact-finding process. Also, whether there were any witnesses to the scene. It takes an experienced attorney to review all the information and make a educated opinion whether a legal claim exist.
2What to do after a car accident?
Getting into a car accident is always a traumatic experience. However, once a person has regained their composure our firm recommends contacting the authorities and insurance company. Also, speaking to witnesses who have witnessed the accident is helpful.
3How much is my case worth?
Determining the worth of your personal injury claim will depend on the severity of your injuries, the details of the case, insurance limits and the identity of the defendant. A case's worth is based on factors such as current medical bills, future medical bills, future procedures or surgeries that need done and any pre-existing injuries. There is no exact formula for determining a case's value; it is based on evidence, such as whether there are discrepancies in the testimony, medical records, or other pieces that may detract from the integrity of the injured party's case. The following factors will be considered when determining the amount of compensation owed for your injuries: the severity of your injuries; the details of your accident; your degree of fault; your employment history; your ability to work; and your life expectancy. The manner in which you obtain medical treatment, your lifestyle, and your litigation history will also be considered.
4How much will I have to pay for my lawyer?
At The Ledezma Law Firm, we abide by the contingency fee contract, which is approved by the Florida Bar. This means that we will only collect if the case is successful. We accept a fixed percentage, typically one-third, of the recovery.
5Will my personal injury lawsuit take a long time?
That question will hinge on many factors. First, who is the insurance company involved, the extent of liability, injuries and how reasonable the adjuster wants to be in forwarding a good offer.
6What questions will be asked during deposition?
Some questions that may be asked during a deposition may include the following:
- What types of illnesses and injuries have you suffered from during the course of your life?
- Have you previously been involved in any other lawsuits or legal claims (i.e. workers compensation)?
- Were there any witnesses to the accident?
- Did you file an insurance claim?
- What is the nature of your injury?
- What is your job history?
- How has your injury affected your life?
- When was your last treatment?
7How soon should I file a lawsuit?
Florida law only allows a person involved in an accident to file a lawsuit within a certain amount of years. As such, speaking to a personal attorney as soon as possible following an accident is imperative. Additionally, the sooner you contact an attorney, the sooner you can be advised on the proper steps to solidify your claim and ensure everything is documented and handled properly
8What is negligence?
To have a strong personal injury claim, the victim must have been injured from the negligence of another individual or entity. Negligence is founded on the theory that every individual is required to exercise a reasonable standard of care for the safety of others. If an individual or person fails to act as a reasonable person would, they may be liable for any resulting damages which were the proximate cause of their actions.
9Can I still pursue compensation if I was partially at fault for my injuries?
Most jurisdictions maintain that victims can still receive compensation if they were partially at fault for their injuries. In these cases, the amount of compensation awarded to the victim may be decreased in accordance with the victim's degree of negligence. Only an experienced personal injury attorney will be able to properly review the facts and determine if your claim is compensable.
10Who can be held liable for a catastrophic injury?
To determine liability, it's important to contact a personal injury lawyer to discuss your case. More than one person may be responsible for your injuries. Depending on your type of personal injury, the liability may rest on a hospital, doctor, motor vehicle driver, truck driver, employer or drug manufacturer.
11Should I sign a release of my rights?
Before signing anything, be sure to contact a personal injury lawyer to ensure your rights are protected. If you sign a release, you may be unable to recover future damages. In some instances, the insurer may offer an early settlement, which may not fully compensate the victim, as he or she may still be unaware of the extent and future costs of their injuries.